State v. Berlin

Citations

• 124 La. 727
• 50 So. 667
• 1909 La. LEXIS 536

Syllabus

<p>1, Criminal Law (§ 1144*)— Right to Appeal-Presumption.</p> <p>Where an information does not refer to the particular statute on which the prosecution is based, and that fact is in doubt, the Supreme Court will throw the benefit of the doubt in favor of the defendant’s being prosecuted under a statute entitling him to an appeal to that court, rather than to his prosecution under a statute which does not do so.</p> <p>2. Bail (§ 79*) — Forfeiture—Setting Aside.</p> <p>The continuance of a case on motion of the district attorney prior to the expiration of the five days allowed to defendant in a criminal case to make a voluntary appearance in court and have the forfeiture of his appearance bond set aside cannot be made to the prejudice of an accused, who voluntarily appears within the time allowed him and prays to have such a judgment set aside and have case tried.</p> <p>(Syllabus by the Court.)</p>